Bill Text: MI HB4529 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Labor; fair employment practices; employment discrimination based on physical attributes or fitness; prohibit. Creates new act.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2009-03-11 - Printed Bill Filed 03/11/2009 [HB4529 Detail]

Download: Michigan-2009-HB4529-Introduced.html

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HOUSE BILL No. 4529

 

March 10, 2009, Introduced by Reps. Gregory, Miller, Gonzales, Polidori, Leland, Switalski, Liss and Roberts and referred to the Committee on Labor.

 

     A bill to prohibit employers from making employment decisions

 

based upon certain physical characteristics or fitness; to prohibit

 

retaliation; and to provide remedies.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"respect for physical differences act".

 

     Sec. 3. As used in this act:

 

     (a) "Employee" means an individual who receives compensation

 

for performing services for an employer under an express or implied

 

contract of hire.

 

     (b) "Employer" means an individual or entity that permits 1 or

 

more individuals to work, or that accepts applications for

 

employment, or is an agent of an employer.

 

     Sec. 5. (1) Except as provided in this section, an employer

 

shall not fail or refuse to hire or recruit, discharge, or

 

otherwise discriminate against an individual with respect to

 

employment, compensation, or a term, condition, or privilege of

 

employment because of the individual's body type, degree of

 

physical fitness, or other physical characteristic.

 

     (2) The prohibition in subsection (1) does not apply to a body

 

type, degree of physical fitness, or other physical characteristic

 

that is an established, bona fide occupational requirement or that

 

impairs an employment activity or responsibility of a particular

 

employee or a particular group of an employer's employees. The

 

employer bears the burden of establishing that the body type,

 

degree of physical fitness, or other physical characteristic is

 

reasonably necessary to the position, group, or occupation.

 

     Sec. 7. A person shall not retaliate or discriminate against a

 

person because the person has done or was about to do any of the

 

following:

 

     (a) File a complaint under this act.

 

     (b) Testify, assist, or participate in an investigation,

 

proceeding, or action concerning a violation of this act.

 

     (c) Oppose a violation of this act.

 

     Sec. 9. An employer shall not require an applicant for

 

employment or employee to waive any right under this act. An

 

agreement by an applicant or employee to waive any right under this

 

act is invalid and unenforceable.

 

     Sec. 11. (1) A person who is injured by a violation of this

 

act may bring a civil suit in a court of competent jurisdiction to

 

obtain injunctive relief or damages, or both.

 

     (2) The court shall award costs and reasonable attorney fees

 

to a person who prevails as a plaintiff in a suit authorized under

 

subsection (1).